PHILADELPHIA — A group of emergency room workers filed an overtime suit against a Philadelphia-based hospital chain for illegal denial of overtime pay under the Pennsylvania Minimum Wage Act. Specifically, the workers claimed that night-shift workers in the Aria Health’s Torresdale campus had their pay automatically docked for meal breaks that they were always required to work through. According to the workers, the hospital had an electronic timekeeping system that is programmed to automatically deduct 30 minutes per shift to account for a purported meal break, even though the ER employees were openly required to work through their meal breaks.
Pennsylvania Meal Break Requirements
Under Pennsylvania state law, employers are required to provide break periods of at least thirty minutes for minors ages fourteen through seventeen who work five or more consecutive hours. Employers are not required to give breaks to employees eighteen and over. If an employer allows breaks and the breaks last less than twenty minutes, employees must be paid for the break. If an employer allows meal periods, the employer is not required to pay the employee for the meal period if he or she does not work during the meal period and it lasts more than twenty minutes.
Pennsylvania Overtime Pay
Generally, under Pennsylvania law, employers must pay all employees not less than one to one-half times their regular rate of pay for all hours worked in excess of 40 hours in a workweek. A workweek is usually defined as a period of seven consecutive days starting on any day selected by the employer. Overtime must be paid on a workweek basis regardless of whether the employee is paid hourly, by salary, piece rate, or other basis. Additionally, overtime hours may not be offset by compensatory time.
Hours worked generally include time during which an employee is required to be on the premises of the employer to be on duty, or to be at the workplace. It also includes time spent in traveling as part of the duties of the employee during normal working hours, and time in which an employee is employed or permitted to work. Time provided for meals is also excluded unless the employee is required to work during that time.
If you or someone you know is not being paid minimum wage or overtime pay as required by state laws, including the Pennsylvania Minimum Wage Act, you should call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page. Our top rated team of wage lawyers will evaluate your situation to determine your best course of action. We will also determine if it is in your best interest to file a lawsuit against your employer. There are strict time limitations for filing so it is important that you call our experienced attorneys today.